A-99850, DECEMBER 22, 1938, 18 COMP. GEN. 565

A-99850, DECEMBER 22, 1938, 18 COMP. GEN. 565

PRINTING, BINDING, BLANK-BOOK WORK, AND PAPER SUPPLIES - STATUTORY GOVERNMENT PRINTING OFFICE PURCHASE REQUIREMENT EXCEPTIONS PADS, RULED AND UNRULED; PADS, CALENDAR; PADS, COLUMNAR; CARDS, GUIDE, MONTHLY; SHEETS, BACKING (PUNCHED BUT NOT PRINTED); FILLERS, LOOSE-LEAF BINDER; INDICES, LOOSE-LEAF BINDERS; INDICES, TAB, ALPHABETICAL; SHEETS, LEDGER; LABELS, GUMMED; LABELS, DISPENSING SET; LABELS, POISON; PAPER, GRAPH; PAPER, CROSS SECTIONS; PAPER PROFILE; CLOTH, RULED TRACING; CARDS, INDEX, LIBRARY; DIALS, WATCHMAN'S CLOCK; AND OTHER SIMILAR PAPER ARTICLES, IF REGULARLY CARRIED IN STOCK BY DEALERS AND REQUIRING NO PRINTING OR BINDING OPERATION AFTER RECEIPT OF ORDER TO FIT THEM FOR THE USE OF THE PURCHASER AND NOT INCLUDING STENOGRAPHERS' NOTE BOOKS NOR BLANK BOOKS OR OTHER ARTICLES IN BOOK FORM WHICH REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE, ARE NOT PRINTING, BINDING, AND BLANK- BOOK WORK FOR PROCUREMENT FROM THE GOVERNMENT PRINTING OFFICE UNDER THE ACT OF MARCH 1, 1919, 40 STAT. 1270, BUT IF THE ARTICLES CONSTITUTE PAPER SUPPLIES REQUIRED BY THE ACT OF JUNE 7, 1924, 43 STAT. 592, TO BE PROCURED FROM THE PUBLIC PRINTER AND ARE CARRIED IN THE SCHEDULES OF SUPPLIES WHICH HE IS PREPARED TO FURNISH UNDER THAT ACT, SUCH SCHEDULES ARE ACCEPTED AS CONTROLLING THE PAPER SUPPLIES WHICH SHOULD BE PROCURED FROM THAT OFFICE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, DECEMBER 22, 1938:

YOUR LETTER OF DECEMBER 3, 1938, IS AS FOLLOWS:

THE WAR DEPARTMENT HAS EXPERIENCED MUCH DIFFICULTY IN THE PAST IN THE PRACTICAL APPLICATION OF DECISIONS OF THE COMPTROLLER GENERAL AS TO WHAT CONSTITUTES CONTRACT PRINTING AND BLANK-BOOK WORK UNDER THE ACT OF MARCH 1, 1919 (44 U.S.C. 111).

AS A RESULT CONSIDERABLE CONFUSION EXISTS IN THE MINDS OF PROCURING AND DISBURSING OFFICERS IN THE FIELD CHARGED WITH THE PROCUREMENT OF AND PAYMENT FOR SUPPLIES FOR USE BY AGENCIES OF THE WAR DEPARTMENT AND THE ARMY, AS TO WHICH ITEMS DO AND DO NOT COME WITHIN THE CATEGORY OF CONTRACT PRINTING, OR BLANK-BOOK WORK, ALL TO THE DETRIMENT OF EFFICIENT, PROPER, AND PROMPT ADMINISTRATION.

WITH A VIEW TO CLARIFYING INSTRUCTIONS IN THE PREMISE, YOUR EARLY DECISION IS REQUESTED AS TO WHETHER THE FOLLOWING STATEMENT IS IN HARMONY WITH THE VIEWS OF YOUR OFFICE:

THE FOLLOWING ITEMS ARE NOT PRINTING, BINDING, OR BLANK BOOKS IF REGULARLY CARRIED IN STOCK BY DEALERS AND REQUIRE NO PRINTING OR BINDING OPERATION AFTER RECEIPT OF ORDER TO FIT THEM FOR THE USE OF THE PURCHASER AND, THEREFORE, MAY BE PROCURED BY FIELD AGENCIES OUTSIDE THE DISTRICT OF COLUMBIA WITHOUT REGARD TO THE REGULATIONS OF THE JOINT COMMITTEE ON PRINTING:

PADS, RULED AND UNRULED; PADS, CALENDAR; TABLETS; PADS, COLUMNAR; CARDS, GUIDE, MONTHLY; SHEETS, BACKING (PUNCHED BUT NOT PRINTED); FILLERS, LOOSE- LEAF BINDER; INDICES, LOOSE-LEAF INDERS; INDICES TAB, ALPHABETICAL; SHEETS, LEDGER; LABELS, GUMMED; LABELS, DISPENSING SET; LABELS, POISON; PAPER, GRAPH; PAPER, CROSS SECTIONS; PAPER PROFILE; CLOTH, RULED TRACING; CARDS, INDEX, LIBRARY; DIALS, WATCHMAN'S CLOCK, AND OTHER SIMILAR PAPER ARTICLES.

EVEN THOUGH THESE ITEMS MAY BE INCLUDED IN THE MISCELLANEOUS SUPPLIES CATALOGUE AND PRICE LIST ISSUED FROM TIME TO TIME BY THE GOVERNMENT PRINTING OFFICE, THEY MAY BE PROCURED COMMERCIALLY WITHOUT FURTHER CLEARANCE FROM THE PUBLIC PRINTER SO LONG AS THE PRICE LIST OF THE GOVERNMENT PRINTING OFFICE BEARS THE FOLLOWING NOTATION:

"SUPPLIES LISTED HEREIN ARE USUALLY CARRIED IN STOCK AND WILL BE DELIVERED TO THE DEPARTMENTS AND INDEPENDENT GOVERNMENT ESTABLISHMENTS AND AGENCIES LOCATED IN THE CITY OF WASHINGTON ONLY.'

IN THE LIST OF ITEMS ENUMERATED ABOVE THE WAR DEPARTMENT HAS NEITHER INCLUDED STENOGRAPHERS' NOTE BOOKS NOR OTHER ARTICLES IN BOOK FORM WHICH REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE, NEITHER HAVE THERE BEEN INCLUDED ANY ITEMS WHICH REQUIRE ANY PRINTING AND BINDING OPERATION AFTER THE RECEIPT OF THE ORDER BY THE VENDOR TO FIT THEM FOR THE PARTICULAR NEEDS OF THE GOVERNMENT SERVICE AT THE INSTANCE OF THE PROCURING DEPARTMENT OR OFFICE (7 COMP. GEN. 411; 7 ID. 712; A-21519, MARCH 31, 1928).

SINCE THE ITEMS LISTED DO NOT CONSTITUTE PRINTING AND BINDING, AND ARE NOT BLANK BOOKS WITHIN THE MEANING OF THE ACT OF MARCH 1, 1919, SUPRA, BUT ON THE CONTRARY WOULD APPEAR TO BE ARTICLES OF STATIONERY, AND ARE PURCHASED FROM VARIOUS APPROPRIATIONS MADE AVAILABLE TO THE WAR DEPARTMENT FOR ITEMS OF SUPPLY, IT IS THE VIEW OF THIS DEPARTMENT THAT THEY MAY BE PROCURED WITHOUT REFERENCE TO THE REQUIREMENTS OF THE ACT OF MARCH 1, 1919, SUPRA, OR TO ANY LIMITATION ESTABLISHED TO CONTROL EXPENDITURES FOR ITEMS COVERED BY THE ACT. IT IS ALSO THE VIEW OF THIS DEPARTMENT THAT IT IS NEITHER OBLIGATORY, NECESSARY, NOR DESIRABLE TO REPORT EXPENDITURES FOR ITEMS OF THIS CHARACTER TO THE JOINT COMMITTEE ON PRINTING.

YOUR ADVICE WITH RESPECT TO THIS VIEW WILL ALSO BE APPRECIATED.

THE STATEMENTS IN YOUR SUBMISSION AS TO WHAT IS TO BE CONSIDERED PRINTING OR BINDING WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, OR EXCEPTED THEREFROM, APPEARS TO BE IN ACCORDANCE WITH THE DECISIONS OF THIS OFFICE. SEE A-21519, MAY 17, 1938. HOWEVER, THERE IS FOR CONSIDERATION WHETHER SUCH SUPPLIES CONSTITUTE PAPER SUPPLIES REQUIRED BY THE ACT OF JUNE 7, 1924, 43 STAT. 592, TO BE PROCURED FROM THE PUBLIC PRINTER. IN DECISION OF OCTOBER 3, 1924, 4 COMP. GEN. 352, IT WAS HELD BY THIS OFFICE THAT SAID ACT WAS INTENDED TO APPLY ONLY TO PAPER STOCK AND PAPER ARTICLES SUCH AS THE PUBLIC PRINTER HAD BEEN IN THE PRACTICE OF PURCHASING OR COULD ADVANTAGEOUSLY PURCHASE. THE PUBLIC PRINTER ISSUES A SCHEDULE OF SUPPLIES OF THIS KIND WHICH HE IS PREPARED TO FURNISH UNDER THIS ACT AND SUCH SCHEDULE IS ACCEPTED BY THIS OFFICE AS CONTROLLING WHAT PAPER SUPPLIES SHOULD BE PROCURED FROM THAT OFFICE. SEE 7 COMP. GEN. 712.